Skip links and keyboard navigation

Activities exempt from requiring road corridor permits

Transport Infrastructure Act 1994—Notice under Section 50(4)

Ancillary works and encroachments on road corridors—notice of Chief Executive's requirements

1 Short Title

This Notice many be cited as the Ancillary Works and Encroachments Notice—2021.

2 Commencement

This Notice commenced on 26 August 2021.

3 Purpose

In accordance with section 50 of the Transport Infrastructure Act 1994 (the Act), all ancillary works and encroachments as defined in schedule 6 of the Act, except for those described in section 7 below, must not be constructed, maintained, operated or conducted on any state-controlled road in any region in Queensland without the written approval of the Director-General of the Department of Transport and Main Roads (or the chief executive of the agency having control over the administration of Chapter 6 of the Act from time to time).

4 Relevant legislation

To maintain a safe and efficient road network, the Act sets out the legislative requirements for ancillary works and encroachments on state-controlled roads. The construction, maintenance, operation and conduct of ancillary works and encroachments is covered by section 50 of the Act.

The Act requires the approval by the Chief Executive of the Department of Transport and Main Roads for ancillary works and encroachments on state-controlled roads.

Section 50(2)(b) exempts certain ancillary works and encroachments from the requirement to obtain the Chief Executive's approval that conform to the requirements stated in a notice made by the Chief Executive and published on the Department's website.

Section 7 of this Notice lists the ancillary works and encroachments to which this exemption applies.

5 Definitions

The following definitions apply to the criteria contained in section 7 of this Notice.

  • Ancillary works and encroachments: Definitions of ancillary works and encroachments are provided in both the Transport Infrastructure Act 1994 (the Act) and the subordinate Transport Infrastructure (State-controlled Roads) Regulation 2006 (the Regulation).
  • Footpath: Means an area open to the public that is designated for, or has as one of its main uses, use by pedestrians. It can be either a paved, unpaved or dedicated grassed area.
  • Industrial area: Is a location where the land adjacent to the state-controlled road is classified as an 'industrial' zone in the relevant local government's planning scheme.
  • Motorway: Is a state-controlled road that has been declared a motorway under section 27 of the Act. For more information, ask at your local Transport and Main Roads office.
  • Obstruct the use of the footpath by pedestrians: Is to obstruct a footpath in any way that would prevent a person with a wheelchair, mobility device or a pram from being able to safely use the footpath.
  • Rural area: An area that generally contains many of the following features
    • street lighting at major intersections only
    • sparse development adjacent to the road with buildings generally set a considerable distance back from the road boundary
    • land use generally associated with agriculture, forestry or passive recreational activities or industries involving large-scale operations
    • intersections widely spaced (approximately 1km minimum)
    • road traffic which has little or infrequent interaction with adjacent development
    • regulatory speeds generally 80km/h or higher
  • Shared path: Is an area open to the public that is designated for, or has as one of its main uses, use by both the riders of bicycles and pedestrians (as defined in section 242(2) of the Transport Operations (Road Use Management—Road Rules) Regulation 2009.)
  • State-controlled road: Means a road or land, or part of a road or land, declared under section 24 of the Act to be a state-controlled road. A map of the state-controlled road network is available on the Department of Transport and Main Roads website.
  • Urban area: Means an area that generally contains most of the following features
    • street lighting
    • extensive residential, commercial or industrial development or associated land uses abutting the road
    • significant interaction between adjacent development and passing traffic
    • considerable pedestrian movement
    • closely spaced intersections
    • numerous public utility services
    • regulatory speeds generally 70km/h or higher.

6 Who does this Notice apply to?

This Notice applies to any person or entity that intends to construct, maintain, operate or conduct ancillary works or an encroachment on a state-controlled road, other than those being constructed under a contract with the Chief Executive of the Department of Transport and Main Roads.

7 Requirements for ancillary works and encroachments that do not require Chief Executive's approval

The construction, maintenance, operation and/or conduct of some ancillary works and encroachments is considered to have a low impact on the safety and efficiency of the road network and therefore do not require the approval of the Chief Executive of the Department of Transport and Main Roads.

The ancillary works and encroachments set out in the following tables 7.1, 7.2, 7.3 and 7.4 do not require the Chief Executive's approval if they:

a. do not interfere* with a state-controlled road or its operation, and

b. comply with the requirements specified below including the conditions of exemption stated.

*Examples of interfering with a road or its operation include if anything:

  1. is attached to a tree or road furniture (for example road safety barriers and devices, guide posts, traffic signs and other Department of Transport and Main Roads infrastructure)
  2. interferes with the clear sight distance of motorists or pedestrians
  3. overhangs any portion of a traffic lane for a state-controlled road
  4. unreasonably distracts road users through illumination or movement
  5. presents a potential hazard to road users
  6. interferes with or restricts the movement of pedestrians or cyclists.

IMPORTANT NOTE: The following structures and activities are exempt from a Road Corridor Permit, provided they comply with the conditions of exemption stated. They are not exempt from other legislative requirements and approvals such as vegetation management laws and workplace health and safety.

7.1 Structures

Ancillary works or encroachment Conditions of exemption
Mail boxes Must:
  • be 50L capacity or less, and
  • be erected on 1 or 2 circular hollow posts that have a diameter less than 60mm and a wall thickness 3.6mm or less, and
  • be located 3.5m or further from the edge of the nearest traffic lane.
Rubbish and rubbish bins Must:
  • be approved by the local government, and
  • be serviced by a rubbish collection service provided by a local government, and
  • be left for collection in a location agreed by the service provider, and
  • not be left permanently in the road corridor.
Shop or building awning (in urban areas)

Note: For new or replacement awnings, contact your local Transport and Main Roads office
Must:
  • have been in existence prior to 2009, and
  • not infringe into a traffic lane, taking road cross-fall into account, and
  • not present a safety hazard.
Roadside memorials Must:

7.2 Activities

Ancillary works or encroachment Conditions of exemption
Anzac Day marches Must:
  • be an RSL or other war memorial association, and
  • be issued with a permit by Queensland Police Service (QPS)—this may include traffic management plan.
Meetings on footpaths Must:
  • require participants to stand, and
  • not involve furniture, and
  • not allow participants to stand on the road pavement, and
  • not obstruct the use of the footpath by pedestrians, and
  • not be associated with a commercial activity.
Fund raising and promotional activities by community-based groups Must:
  • be conducted on a paved footpath, and
  • not be conducted on a shared path, and
  • not be conducted on a median strip, and
  • not be conducted within 3m of a pedestrian crossing, and
  • involve no furniture other than 1 table with a maximum diagonal length of 2m and up to 2 chairs, and
  • not obstruct the use of the footpath by pedestrians.
Camping Must:
  • be to manage driver fatigue (so the driver doesn't drive tired), and
  • not be on a motorway or a toll road, and
  • not be in an area where there is a sign or marking prohibiting camping in the area, and
  • be between the hours of 4pm and 8am, and
  • be located:
    • outside a built-up area, and
    • at least 200m from any kerb, channel or footpath, and
    • at least 100m from either the external approach of an entry or exit of a designated rest area, and
    • at least 100m from a construction site on a state-controlled road, gravel stockpile, pit or quarry, and
    • at least 100m from a residence, and
    • at least 100m from the high-water mark of any Queensland waters, and
    • at least 9m from the nearest traffic lane, and
  • not be prohibited by other legislation.

7.3 Vegetation and associated undertakings

Ancillary works or encroachment Conditions of exemption
Planting of vegetation by a landholder

Note: This exemption only applies when kerb and channel are present. It does not apply to motorways.
Must:
  • be planted by the landholder, and
  • occur on the footpath next to the landholder's property, and
  • have a mature height of 60cm or less, and
  • not have foliage within 60cm of the traffic lane, road shoulder or footpath, and
  • not use garden edging above ground level, and
  • not use anything that could cause a spearing hazard (such as wooden stakes or star pickets), and
  • not obstruct the use of the footpath by pedestrians.
Minor vegetation trimming and maintenance by a landholder (including mowing and slashing)

Note: This exemption does not apply to motorways.
Must:
  • occur on the land adjacent to the landholder's property, and
  • not be undertaken for commercial purpose or benefit (such as harvesting or clearing vegetation for visibility of advertising devices), and
  • not involve the clearing of any shrub or tree, and
  • not obstruct the use of the footpath by pedestrians.

7.4 Signs

Ancillary works or encroachment Criteria to be exempt
Election signs

Note: Some local governments have permission to manage election signs on state-controlled roads. This exemption is not applicable if election signs are managed by the local government. Please check with your local government office.
Must:
  • be consistent with local government laws for local roads in the area, and
  • comply with the Queensland government Election signs requirements—this includes requirements on when they can be erected, size, location/placement and construction.
Real estate signs

Note: This exemption only applies to properties for sale where the property is situated next to the road with direct access to the road. Further, this exemption only applies when a sign placed within the property cannot be viewed from the road.
For a property being sold by a single real estate agent, the property is permitted a maximum of 3 signs:
  • 1 sign with a maximum area of 2.4m2 and
  • 2 signs with a maximum area of 0.6m2.

Where a property is listed with multiple real estate agents, a single sign with a maximum area of 0.6m2 per real estate agent is permitted.

Signs must:

  • be consistent with local government laws for local roads in the area, and
  • be located directly next to the relevant property's boundary, and
  • not be attached to vegetation or Transport and Main Roads infrastructure (for example, road signs or road safety barriers and devices), and
  • not be rotating, luminous, illuminated and/or electronic, and
  • not cause a safety hazard or obscure visibility of traffic, and
  • not be located on a traffic median strip or island, and
  • not be located on a motorway, freeway or road of a similar standard.

Note: In rural locations where visibility of the signs may be restricted by vegetation or large set back distances, the smaller sign (0.6m2) may be located away from the property's boundary if it meets the following requirements:

  1. if the sign and its frame are made of light frangible materials (e.g. corflute erected on a timber stake that is no bigger than 50mm x 25mm) it must be located at least 3.5m from the edge of the nearest traffic lane on roads with a speed limit of 80km or less, or at least 6m from the edge of the nearest traffic lane on roads with a speed limit greater than 80km
  2. if made from heavier materials or has a substantial anchoring device, the signs must not be in the 'clear zone' as defined in Austroads 'Guide to Road Design—Part 6: Roadside Design, Safety and Barriers.' Please see your local Transport and Main Roads office for more information.

While meeting a. or b. above, the sign must be located as close as practicable and parallel to the property boundary.

Charity prize home signs* and advance signs**

*charity prize home signs are only exempt when a sign placed within the property's boundary cannot be viewed from the road

**advance signs indicating the direction to the display home are not exempt—a permit is required
A charity prize home is permitted:
  • 1 large sign, no greater than 2.4m2 and
  • 2 smaller signs, with a maximum area of 0.6 m2 if the home is situated next to the state-controlled road with direct access to the state-controlled road.

The signs must:

  • be permitted under the local government laws for local roads in the area, and
  • be located directly next to the relevant property's boundary, and
  • not be rotating, luminous, illuminated and/or electronic, and
  • not cause a safety hazard or obscure visibility of traffic, and
  • not be located on a traffic median strip or island, and
  • not be attached to vegetation or Transport and Main Roads infrastructure (e.g. road signs or road safety barriers and devices), and
  • not be located on a motorway, freeway or road of a similar standard.

Note: In rural locations where visibility of the signs may be restricted by vegetation or large set back distances, the smaller sign (0.6m2) may be located away from the property's boundary if it meets the following requirements:

  1. if the sign and its frame are made of light frangible materials (e.g. corflute erected on a timber stake that is no bigger than 50mm x 25mm), it must be located at least 3.5m from the edge of the nearest traffic lane on roads with a speed limit of 80km or less, or at least 6m from the edge of the nearest traffic lane on roads with a speed limit greater than 80km
  2. if made from heavier materials or has a substantial anchoring device, the signs must not be in the 'clear zone' as defined in Austroads 'Guide to Road Design—Part 6: Roadside Design, Safety and Barriers.' Please see your local Transport and Main Roads office for more information.

While meeting a. or b. above, the sign must be located as close as practicable and parallel to the property boundary.

Advance signs

Advance signs require a permit. Refer to the Department of Transport and Main Roads' Roadside Advertising Manual, Technical volume for information about advance signs for charity prize homes.

Property name signs—e.g. 'Upson Downs'

Note: This exemption only applies to properties that are situated next to the road and have direct access to the road. It does not apply to residential blocks. Property signs do not include advertising, development, welcome or entry statement signs.
Must:
  • be erected on 1 or 2 circular hollow posts that have a diameter less than 60mm and a wall thickness 3.6mm or less, and
  • not be located within 9m of the nearest traffic lane, and
  • not include advertising devices or signs.
Neighbourhood Watch signs Must:
  • comply with TMR's engineering specification ES132, and
  • be consistent with local government laws for local roads in the area, and
  • be located on street name sign posts, and
  • not be higher or wider than 225mm (unless mutually agreed by the Queensland Police Service, the Department of Transport and Main Roads and the local government for the area), and
  • not be located on a motorway, freeway or road of a similar standard.
Business advertising on awnings (excluding motorways and freeways) Must:
  • be consistent with local government laws for local roads in the area, and
  • only be placed on the face or underside of the awning (the advertising cannot be located on top of an awning), and
  • have a clearance under the sign of at least 2.5m, and
  • not move/rotate/change the image/message being displayed, and
  • not flash (but may be illuminated), and
  • not infringe into a traffic lane (taking road fall into consideration),
  • only display advertising that relates to the business names or products/services available from the building to which the awning is attached.
Footway signs (also known as A-frame or sandwich board signs) relating to products or services available at a business premises—in urban areas (excluding motorways, freeways and roads of a similar standard) Must:
  • be consistent with local government laws for local roads in the area, and
  • only be displayed during trading hours, and
  • be limited to 1 A-frame footpath sign with no moving or rotating elements or attachments, with a maximum height of 1m and a maximum width of 0.6m and a maximum depth of 0.6m, and
  • be located directly outside the building in which the products or services are available, and
  • not obstruct the use of the footpath by pedestrians, and
  • not obstruct the line of sight of motorists or pedestrians entering or existing nearby intersections or driveways, and
  • not obstruct the line of sight of motorists or pedestrians approaching road crossings (including signalled intersections and pedestrian crossings).
Footway signs (also known as A-frame or sandwich board signs) relating to products or services available at a business premises—in rural and industrial areas (excluding motorways, freeways and roads of a similar standard) Must:
  • not obstruct sight lines for drivers at intersections or driveways, and
  • be consistent with local government laws for local roads in the area, and
  • only be displayed during trading hours, and
  • not be more than 2 A-frame signs with no moving or rotating elements or attachments, with a maximum height of 1.5m and a maximum width of 1m and a maximum depth of 1m, and be located directly outside the building in which the products or services are available, and not obstruct the use of the footpath by pedestrians, and not obstruct the line of sight of motorists or pedestrians entering or existing nearby intersections or driveways, and not obstruct the line of sight of motorists or pedestrians approaching road crossings (including signalled intersections and pedestrian crossings).
Last updated
12 November 2021